The Honorable James A. Barcia
House of Representatives
Suite 502 301 East
Genesee Saginaw, Michigan 48607

Dear Congressman Barcia:

Thank you for your letter of October 13, concerning an inquiry from your
constituent, Mr. Jerome Bouverette, related to the Occupational Safety and
Health Administration's (OSHA) Hazard Communication Standard (HCS). Mr.
Bouverette requested clarification of the purpose of Material Safety Data
Sheets (MSDSs), which are required to be developed and distributed under (the
HCS.

MSDSs are specified by section 1910.1200(g) of the HCS (enclosed). The MSDS
lists the hazardous ingredients of a product, its physical and chemical
characteristics (e.g. flammability, explosive properties), its effect on
human health, the chemicals with which it can adversely react, handling
precautions, the types of measures that can be used to control exposure,
emergency and first aid procedures, and methods to contain a spill. When new
regulatory information, such as exposure limits, or new health effects
information becomes available, the MSDS must be updated to reflect it.

Employers and employees need the information contained on MSDSs to protect
themselves from hazardous chemical exposures and to work safely with chemical
products. The result will be a reduction in chemical source illness and
injuries in the workplace. Since the HCS became effective, the use and
distribution of MSDSs have proven to be an effective and efficient way to
ensure that employers and employees can obtain necessary information on the
hazards associated with exposure to chemicals in the workplace.

It should also be noted that MSDSs are only required for hazardous
chemicals. In reality, MSDSs are prepared and provided for many products
that are not covered by the HCS. It is our understanding that this is being
done for product liability purposes, not for compliance with any Federal
regulation. In fact, MSDSs were prepared and made available by many
producers prior to implementation of regulatory requirements. In addition,
many customers request MSDSs on all products, whether they are hazardous or
not. This practice has also encouraged producers to provide MSDSs for
non-hazardous products. While OSHA does not require or encourage this
practice, we certainly do not have the authority to prohibit producers from
distributing such MSDSs.

We hope this information is helpful to you. Please contact OSHA's Office of
Health Compliance Assistance at (202) 219-8036 if you have any additional
questions.

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